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HL Bill 71 54/3

Powers of Entry etc. Bill [HL]

[AS AMENDED IN COMMITTEE]

CONTENTS

1 Interpretation2 Powers regulated by this Act3 Exercise of existing powers4 Powers: general limitations5 Limitations on powers of entry6 Times when entry may take place7 Number of persons permitted to enter premises8 Production of documents etc.9 Powers of entry: future primary legislation

10 Seizure of documents11 Saving12 Short title, commencement and extent

Schedule 1 — Legislation containing powers of entryPart 1 — Acts containing powers of entry, or authorising the making of

regulations containing such powersPart 2 — Secondary legislation containing powers of entry

Schedule 2 — Code of Practice for the regulation of powers of entry

HL Bill 71 54/3

Powers of Entry etc. Bill [HL] 1

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B I L L[AS AMENDED IN COMMITTEE]

TO

Regulate powers of entry and powers in relation to documents; and forconnected purposes.

E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1 Interpretation

In this Act—“authorised person” means a person authorised by the Minister

responsible for the enforcement of an Act or instrument containingpowers, and

“powers” means the powers listed in section 2.

2 Powers regulated by this Act

This Act regulates the exercise of powers of—(a) entry to any land or premises, for the purposes of—

(i) ascertaining whether an offence has been committed,(ii) ascertaining whether the provisions of an Act of Parliament, or

of an item of secondary legislation, have been complied with,(iii) inspecting the land or premises or any activity taking place

thereon, or(iv) surveying or carrying out works on the land or premises,

(b) examination, production and seizure of objects, documents andelectronic records,

(c) compulsion in relation to the production of documents.

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3 Exercise of existing powers

The powers contained in or authorised by regulations made under the Actslisted in Schedule 1 to this Act shall be exercised subject to sections 5 to 10 ofthis Act.

4 Powers: general limitations

Any powers contained in any Act or instrument passed after the coming intoforce of this Act shall be exercised subject to sections 5 to 10 of this Act, unlessthe Act or instrument provides to the contrary.

5 Limitations on powers of entry

No power of entry to which this Act applies shall be exercised unless—(a) the procedures set out in the Code of Practice contained in Schedule 2

to this Act have been followed, or(b) the entry is necessary to avert danger to life or property.

6 Times when entry may take place

Unless otherwise specified in a warrant or other order of a court or amagistrate—

(a) no power of entry shall be exercised on a bank holiday or othernationally recognised public holiday, and

(b) no entry shall take place except—(i) between 8am and 6pm on Mondays to Fridays,

(ii) in relation to business premises, at any other time when thepremises are open for business.

7 Number of persons permitted to enter premises

The maximum number of persons who may enter premises shall be four,including the authorised person, unless a warrant or other order of a court ormagistrate provides otherwise.

8 Production of documents etc.

(1) No power compelling the production of documents or electronic records(“documents etc.”) shall be exercised unless the requirements of subsection (2)have been satisfied.

(2) The requirements are that—(a) the power is exercised subject to an order of a judge or magistrate

issued following an application in accordance with subsection (3),(b) the order shall fix a deadline for the production of the documents etc.

which shall be no earlier than 5pm on the seventh working dayfollowing the making of the order,

(c) the documents etc. shall be produced at the place of business orresidence of the person on whom the order is served,

(d) the order shall state the period of time for which the documents etc. willbe held.

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(3) An order under subsection (2)(a) may only be made following an applicationby an authorised person.

(4) An application under subsection (3) shall be supported by evidence, on oath,that the authorised person reasonably believes that the production of thedocuments etc. is necessary pursuant to the provisions of the relevant Act orinstrument.

9 Powers of entry: future primary legislation

(1) Any provision regarding powers of entry in any public bill introduced intoParliament after this Act has received Royal Assent shall meet therequirements of subsection (2).

(2) The requirements are that—(a) the circumstances in which a power of entry may be exercised are

clearly specified,(b) the person who has power to authorise the exercise of any such power

shall be clearly identified,(c) the procedure for authorising the exercise of a power of entry shall

include requirements that—(i) written authorisation is required for the exercise of such a

power, (ii) such authorisation shall state clearly the legislation which

contains the power of entry, and(iii) a copy of the written authorisation shall be given to the person

or persons whose premises are entered.

10 Seizure of documents

(1) No seizure of documents etc. shall take place without an order undersubsection (6).

(2) Before applying for an order under subsection (6), the authorised person shallnotify the person having charge of the documents etc. that the documents etc.are required.

(3) The notification under subsection (2) shall state the reason why the documentsetc. are required, and shall specify the relevant Act or instrument.

(4) The notification shall inform the person having charge of the documents etc.that he may provide electronic or paper copies of them to the authorisedperson; and shall specify—

(a) the latest date and time for the provision of such copies, and(b) the place where the copies shall be provided.

(5) If the copies of the documents etc. are provided in accordance with subsection(4), no order for seizure may be made.

(6) If copies of the documents etc. are not provided in accordance with subsection(4), an authorised person may apply to a judge or magistrate for an orderpermitting seizure of documents etc.

(7) The application shall be supported by evidence from the authorised person, onoath, that the seizure is necessary pursuant to the provisions of the relevant Actor instrument.

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11 Saving

Nothing in this Act shall apply to powers exercised by police offers ormembers of the security or intelligence services.

12 Short title, commencement and extent

(1) This Act shall be cited as the Powers of Entry etc. Act 2008.

(2) This Act shall come into force at the end of the period of three monthsbeginning with the day on which it is passed.

(3) This Act extends to—(a) England and Wales,(b) Scotland, and(c) Northern Ireland.

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Powers of Entry etc. Bill [HL]Schedule 1 — Legislation containing powers of entry

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S C H E D U L E S

SCHEDULE 1 Section 3

LEGISLATION CONTAINING POWERS OF ENTRY

PART 1

ACTS CONTAINING POWERS OF ENTRY, OR AUTHORISING THE MAKING OF REGULATIONS CONTAINING SUCH POWERS

Adoption Act 1976Adoption and Children Act 2002Agriculture Act 1947Agriculture Act 1967Agriculture Act 1970Agriculture and Horticulture Act 1964Agriculture Marketing Act 1958Agricultural Produce (Grading and Marking Act) 1928Agriculture Wages Act 1948Airforce Act 1955Alcoholic Liquor Duties Act 1979Anatomy Act 1984Ancient Monuments and Archaeological Areas Act 1979Animal Boarding Establishments Act 1963Animal Health Act 1981Animal Health Act 2002Animal Welfare Act 2006Animal (Scientific Procedures) Act 1986Anti-social Behaviour Act 2003Anti-terrorism, Crime and Security Act 1990Appellate Jurisdiction Act 1876Arbitration Act 1996Armed Forces Act 2001Army Act 1955Asylum and Immigration Act 1996Asylum and Immigration (Treatment of Claimants, etc.) Act 2004Atomic Energy Act 1946Aviation and Maritime Security Act 1990Aviation Security Act 1982Bankers’ Books Evidence Act 1879Banking Act 1987

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Bees Act 1980Betting and Gaming Duties Act 1981Betting, Gaming and Lotteries Act 1963Biological Weapons Act 1974Breeding of Dogs Act 1991British Fishing Boats Act 1983British Railways Act 1993Broadcasting Act 1990Broadcasting Act 1996Building Act 1984Cable and Broadcasting Act 1984Caravan Sites and Control of Development Act 1960Care Standards Act 2000Channel Tunnel Act 1987Charities Act 1993Chemical Weapons Act 1996Child Support Act 1991Childcare Act 2006Children (Scotland) Act 1995Children Act 1989Children Act 2004Children and Adoption Act 2002Children and Young Persons (Harmful Publications) Act 1955Children and Young Persons Act 1933Children and Young Persons Act 1963Children and Young Persons Act 1969Cinemas Act 1985City of London (Various Powers) Act 1950City of London (Various Powers) Act 1961City of London (Various Powers) Act 1965City of London (Various Powers) Act 1977Civil Aviation Act 1982Civil Evidence Act 1968Civil Procedure Act 1997Clean Air Act 1956Clean Air Act 1993Clean Neighbourhoods and Environment Act 2005Coal Industry Act 1994Coal Mining Subsistence Act 1991Coast Protection Act 1949Commissioner for Older People (Wales) Act 2006Common Law Procedure Act 1852Commonhold and Leasehold Reform Act 2002Communications Act 2003Community Land Act 1975Companies Act 1929Companies Act 1985

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Compensation Act 2006Competition Act 1998Compulsory Purchase Act 1965Computer Misuse Act 1990Conservation of Seals Act 1970Consumer Credit Act 1974Consumer Protection Act 1987Contempt of Court Act 1981Control of Pollution Act 1974Control of Pollution (Amendment) Act 1989Copyright, Designs and Patents Act 1988Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002Countryside Act 1968Countryside and Rights of Way Act 2000County Courts Act 1984Courts Act 1971Courts Act 2003Crime (International Cooperation) Act 2003Crime (Sentences) Act 1997Crime and Disorder Act 1998Criminal Appeal Act 1968Criminal Damage Act 1971Criminal Justice (International Cooperation) Act 1990Criminal Justice (Scotland) Act 1987Criminal Justice Act 1925Criminal Justice Act 1987Criminal Justice Act 1988Criminal Justice and Police Act 2001Criminal Justice and Public Order Act 1994Criminal Law Act 1967Criminal Law Act 1977Criminal Libel Act 1819Crossbows Act 1987Crown Proceedings Act 1947Customs and Excise Management Act 1979Customs Consolidation Act 1876Dangerous Dogs Act 1991Dangerous Wild Animals Act 1976Data Protection Act 1984Data Protection Act 1998Deer Act 1991Dentists Act 1984Development of Tourism Act 1969Disability Discrimination Act 1995Diseases of Fish Act 1937Distress for Rent Act 1689Distress for Rent Act 1737

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Dogs (Protection of Livestock) Act 1953Dogs Act 1906Dramatic and Musical Performers’ Protection Act 1958Drug Trafficking Act 1986Drug Trafficking Act 1994Education Act 1996Education Act 1997Education Act 2005Education and Inspections Act 2006Education Reform Act 1988Electricity Act 1989Emergency Laws (Re-enactments and Repeals) Act 1964Employment Agencies Act 1973Employment and Training Act 1973Endangered Species (Import and Export) Act 1976Energy Act 1976Energy Conservation Act 1981Enterprise Act 2002Environment Act 1995Environment Protection Act 1985Environmental Protection Act 1990Estate Agents Act 1979European Communities Act 1972Explosive Substances Act 1883Explosives Act 1875Extradition Act 2003Fair Trading Act 1973Family Law Act 1986Finance Act 1946Finance Act 1976Finance Act 1985Finance Act 1986Finance Act 1988Finance Act 1991Finance Act 1993Finance Act 1994Finance Act 1995Finance Act 1996Finance Act 1997Finance Act 2000Finance Act 2001Finance Act 2003Financial Services Act 1986Financial Services and Markets Act 2000Fire and Rescue Services Act 2004Fire Precautions Act 1971Fire Safety and Safety of Places of Sport Act 1987

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Fire Services Act 1947Firearms (Amendment) Act 1988Firearms Act 1968Fisheries Act 1981Food and Environment Protection Act 1985Food Safety Act 1990Food Standards Act 1999Football (Offences) Act 1991Football Spectators Act 1989Forgery Act 1913Forgery and Counterfeiting Act 1981Freedom of Information Act 2000Fur Farming (Prohibition) Act 2000Gambling Act 2005Game Act 1831Game Laws (Amendment) Act 1960Gaming (Bingo) Act 1985Gaming Act 1968Gangmasters (Licensing) Act 2004Gas Act 1965Gas Act 1986Gas Act 1995Goods Vehicles (Licensing of Operators) Act 1995Government of Wales Act 1998Greater London Council (General Powers) Act 1968Greater London Council (General Powers) Act 1981Greater London Council (General Powers) Act 1984Gun Barrel Proof Act 1868Harbours Docks and Piers Clauses Act 1847Health Act 2006Health and Safety at Work etc. Act 1974Health and Social Care (Community Health and Standards) Act 2003Highways Act 1980Hill Farming Act 1946Housing Act 1957Housing Act 1985Housing Act 1986Housing Act 1996Housing Act 2004Human Fertilisation and Embryology Act 1990Human Rights Act 1998Human Tissue Act 2004Hydrocarbon Oil Duties Act 1979Hypnotism Act 1952Immigration Act 1971Immigration and Asylum Act 1999Immigration and Asylum Act 2002

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Import, Export and Customs Powers (Defence) Act 1939Incitement to Disaffection Act 1934Income and Corporation Taxes Act 1988Indecent Displays (Control) Act 1981Inheritance Tax Act 1984Insolvency Act 1986Insurance Companies Act 1982Interception of Communications Act 1985International Criminal Court Act 2001International Carriage of Perishable Foodstuffs Act 1976International Road Haulage Permits Act 1975Interpretation Act 1978Jobseekers Act 1995Judgments Act 1838Knives Act 1997Land Drainage Act 1991Land Powers (Defence) Act 1958Land Tax Act 1797Landlord and Tenant Act 1927Landlord and Tenant Act 1985Landmines Act 1998Law of Distress Amendment Act 1888Law of Distress Amendment Act 1908Learning and Skills Act 2000Leasehold Reform, Housing and Urban Development Act 1993Licensing Act 1964Licensing Act 2003Local Government (Miscellaneous Provisions) Act 1976Local Government (Miscellaneous Provisions) Act 1982Local Government Act 1988Local Government and Housing Act 1989Local Government Finance Act 1988Local Government Finance Act 1992Local Government, Planning and Land Act 1980London Building Act 1930London Building Acts (Amendment) Act 1939London County Council (General Powers) Act 1912London County Council (General Powers) Act 1920London County Council (General Powers) Act 1948London County Council (General Powers) Act 1949London County Council (General Powers) Act 1956London County Council (General Powers) Act 1957London County Council (General Powers) Act 1959London County Council (General Powers) Act 1963London Government Act 1963London Local Authorities Act 1991London Local Authorities Act 1995

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London Local Authorities Act 1996London Local Authorities Act 2004London Olympic Games and Paralympic Games Act 2006Lotteries and Amusements Act 1976Magistrates’ Courts Act 1980Marine, etc., Broadcasting (Offences) Act 1967Matrimonial Causes Act 1973Medicines Act 1968Merchant Shipping Act 1995Metropolis Management (Thames River Prevention of Floods)

Amendment Act 1879Metropolis Water Act 1852Metropolitan Police Act 1839Metropolitan Water Board Act 1927Milk (Cessation of Production) Act 1985Mineral Workings Act 1985Misuse of Drugs Act 1971National Assistance Act 1948National Health Service (Wales) Act 2006National Health Service Act 2006National Health Service and Community Care Act 1990National Health Service Reform and Health Care Professions Act 2002National Heritage Act 1983National Minimum Wage Act 1998National Parks and Access to the Countryside Act 1949Natural Environment and Rural Communities Act 2006New Roads and Street Works Act 1991Night Poaching Act 1828Noise Act 1996Noise and Statutory Nuisance Act 1993Nuclear Explosions (Prohibitions and Inspections) Act 1998Nuclear Safeguards Act 2000Nuclear Safeguards and Electricity (Finance) Act 1978Obscene Publications Act 1876Obscene Publications Act 1959Offences Against the Person Act 1861Offensive Weapons Act 1996Official Secrets Act 1911Official Secrets Act 1989Oil Taxation Act 1975Olympic Symbol etc. (Protection Act) 1995Ordnance Survey Act 1841Party Wall Act 1996Pension Schemes Act 1993Pensions Act 1993Pensions Act 1995Pensions Act 2004

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Performing Animals (Regulation) Act 1925Perjury Act 1911Pests Act 1954Pet Animals Act 1951Petroleum (Consolidation) Act 1928Pipelines Act 1962Planning (Hazardous Substances) Act 1990Planning (Listed Buildings and Conservation Areas) Act 1990Planning and Compensation Act 1991Plant Health Act 1967Plant Varieties and Seeds Act 1964Poaching Prevention Act 1862Poisons Act 1972Police (Property) Act 1897Police (Property) Act 1997Police Act 1964Police Act 1966Police Act 1996Police Act 1997Police and Criminal Evidence Act 1984Police Reform Act 2002Political Parties, Elections and Referendums Act 2000Port of London Act 1968Postal Services Act 2000Powers of Criminal Courts (Sentencing) Act 2000Powers of Criminal Courts Act 1973Prevention of Crime Act 1908Prevention of Crime Act 1953Prevention of Damage by Pests Act 1949Prevention of Terrorism Act 1989Prices Act 1974Private Security Industry Act 2001Proceeds of Crime Act 1995Proceeds of Crime Act 2002Property Misdescriptions Act 1991Protection from Harassment Act 1997Protection of Animals Act 1911Protection of Badgers Act 1992Protection of Children Act 1978Public Health (Control of Disease) Act 1984Public Health Act 1875Public Health Act 1936Public Health Act 1961Public Order Act 1936Public Order Act 1984Public Order Act 1986Public Stores Act 1875

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Radioactive Material (Road Transport) Act 1991Railways Act 1993Railways and Transport Safety Act 2003Refuse Disposal (Amenity) Act 1978Regional Development Agencies Act 1998Regulation of Investigatory Powers Act 2000Rent (Agriculture) Act 1976Rent Act 1965Rent Act 1968Rent Act 1977Reservoirs Act 1975Riding Establishments Act 1964Rights of Entry (Gas and Electricity Boards) Act 1954Rights of Way Act 1990Road Traffic Act 1971Road Traffic Act 1988Road Traffic Offenders Act 1988Road Traffic Regulation Act 1984Safety of Sports Grounds Act 1975Salmon Act 1986Salmon and Freshwater Fisheries Act 1975Schools Inspection Act 1996Scrap Metal Dealers Act 1964Sea Fish (Conservation) Act 1967Sea Fish (Conservation) Act 1992Sea Fisheries (Shellfish) Act 1967Sea Fisheries Act 1968Sea Fisheries Regulation Act 1966Serious Organised Crime and Police Act 2005Sexual Offences Act 1956Sexual Offences Act 1985Sexual Offences Act 2003Shipping and Trading Interest (Protection) Act 1995Slaughter of Poultry Act 1967Slaughterhouses Act 1974Social Security (Incapacity for Work) Act 1994Social Security (Recovery of Benefits) Act 1997Social Security Act 1973Social Security Act 1998Social Security Administration Act 1992Social Security Contributions and Benefits Act 1992Solicitors Act 1974Sporting Events (Control of Alcohol etc.) Act 1985Stamp Act 1891Sunday Trading Act 1994Supreme Court Act 1981Taking of Hostages Act 1982

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Taxation of Chargeable Gains Act 1992Taxes Management Act 1970Telecommunications Act 1984Terrorism Act 2000Terrorism Act 2006Theatres Act 1968Theft Act 1968Theft Act 1978Tobacco Advertising and Promotions Act 2002Torts (Interference with Goods) Act 1977Town and Country Planning Act 1971Town and Country Planning Act 1990Trade Descriptions Act 1968Trade Descriptions Act 1972Trade Marks Act 1994Trading with the Enemy Act 1939Transport Act 1968Transport Act 1981Transport and Works Act 1992Tribunals, Courts and Enforcement Act 2007Utilities Act 2000Value Added Tax Act 1994Vehicles (Crime) Act 2001Video Recordings Act 1984Waste and Emissions Trading Act 2003Water Act 1945Water Industry Act 1991Water Resources Act 1991Weeds Act 1959Weights and Measures Act 1985Welfare Reform and Pensions Act 1999Welsh Development Agency Act 1975Wildlife and Countryside Act 1981Wireless Telegraphy Act 1949Wireless Telegraphy Act 2006Youth Justice and Criminal Evidence Act 1999Zoo Licensing Act 1981

PART 2

SECONDARY LEGISLATION CONTAINING POWERS OF ENTRY

Aerosol Dispensers (EEC Requirements) Regulations 1977African Swine Fever Order 1980Aujesky’s Disease Order 1983Carriage of Dangerous Goods and Use of Transportable Pressure

Equipment Regulations 2004Cattle Plague Order 1928

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Powers of Entry etc. Bill [HL]Schedule 1 — Legislation containing powers of entryPart 2 — Secondary legislation containing powers of entry

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Channel Tunnel (Security) Order 1994Civil Procedure Rules 1998Companies (Northern Ireland) Order 1986Consumer Credit (Entry and Inspection) Regulations 1977Conveyance of Live Poultry Order 1919Council Tax (Administration and Enforcement) Regulations 1992County Court Rules 1981Criminal Justice Act 1988 (Offensive Weapons) Order 2002Dangerous Substances and Explosive Atmospheres Regulations 2002Defence (Control of Textiles) Regulations 1945Diseases of Animals (Seizure) Order 1993Disposals of Vehicles Regulations 1968Distress for Customs and Excise Duties and Other Indirect Taxes

Regulations 1997Distress for Rent (Amendment) Rules 1999Distress for Rent Rules 1988Dutch Elm Disease (Local Authorities) Order 1984Equipment Regulations 2004Farm and Horticultural Development Regulations 1981Feeding Stuffs (Sampling and Analysis) Regulations 1999Fertilisers (Sampling and Analysis) Regulations 1996Fire Precautions (Workplace) Regulations 1997Gas (Road Fuel) Regulations 1972Gas Safety (Rights of Entry) Regulations 1996Grading of Horticultural Produce (Form of Labels) Regulations 1982Health and Safety (Enforcing Authority) Regulations 1998High Court and County Courts Jurisdiction Order 1991Hops Certification Regulations 1979Hydrocarbon Oil (Amendment) Regulations 1977Hydrocarbon Oil (Amendment) Regulations 1981Hydrocarbon Oil (Amendment) Regulations 1985Hydrocarbon Oil (Amendment) Regulations 1992Hydrocarbon Oil (Amendment) Regulations 1993Hydrocarbon Oil (Industrial Reliefs) Regulations 2002Hydrocarbon Oil (Payment of Rebates) Regulations 1996Hydrocarbon Oil Regulations 1973Import of Goods (Control) Order 1954Importation of Processed Animal Protein Order 1981Income Tax (Pay As You Earn) Regulations 2003Income Tax (Sub-Contractors in the Construction Industry) Regulations

1993Infectious Diseases of Horses Order 1987Inspection of Boarding School and Colleges (Powers and Fees) (Wales)

Regulations 2002Magistrates’ Courts Rules 1981Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1985Mental Health Act 1983 (Remedial) Order 2001Methylated Spirits Regulations 1987

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Part 2 — Secondary legislation containing powers of entry

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National Care Standards Commission (Inspection of Schools andColleges) Regulations 2000

Orders for the Delivery of Documents (Procedure) Regulations 2000Plant Health (Forestry) (Great Britain) Order 1993Plant Health (Great Britain) Order 1993Plant Health (Phytophthora ramorum) (England) (No 2) Order 2002Plant Health (Phytophthora ramorum) (Wales) (No 2) Order 2002Police (Property) Regulations 1997Police Act 1997 (Notification of Authorisations etc.) Order 1998Police and Criminal Evidence Act 1984 (Application to Armed Forces)

(Amendment) Order 1990Police and Criminal Evidence Act 1984 (Application to Customs and

Excise) (Amendment) Order 1985Police and Criminal Evidence Act 1984 (Application to Revenue and

Customs) (Amendment) Order 2007Potatoes Originating in Germany, Notification (England) (Order) 2001Potatoes Originating in Germany, Notification (Wales) (Order) 2001Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence

Act 1984 and Police and Criminal Evidence (Northern Ireland) Order1989) Order 2003

Property Misdescriptions (Specified Matters) Order 1992Rabies (Control) Order 1974Rules of the Supreme Court 1965Seed Potatoes Regulations 1991Specified Pathogens Order 1998Specified Risk Material Order 1997Spirits Regulations 1991Stamp Duty Reserve Tax Regulations 1986Swine Vesicular Disease Order 1972Telecommunications (Lawful Business Practice) (Interception of

Communications) Regulations 2000The Competition Act 1998 and Other Enactments (Amendment)

Regulations 2004Tuberculosis (England and Wales) Order 1984Warble Fly (England and Wales) Order 1982Weeds Act 1959Zoonoses Order 1975

SCHEDULE 2 Section 5

CODE OF PRACTICE FOR THE REGULATION OF POWERS OF ENTRY

Introduction

1 This Code of Practice (“the Code”) applies to the exercise of powers of entrycontained in the statutes, or regulations made under them, listed in Schedule1 to this Act.

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2 The Code does not apply to the exercise of such powers by police officers,members of the security or intelligence services, or officers of HM Revenueand Customs.

3 The Code applies to entry to business premises as well as dwellings, and toentry to land, whether or not there are buildings on the land.

4 (1) Any exercise of a power of entry to private property is likely to involve aconflict with the right to private life guaranteed by Article 8 of the EuropeanConvention on Human Rights.

(2) This right extends to business premises.

(3) A power of entry without consent should only be used where it is necessaryto achieve its purpose.

(4) The way in which the power is used must be proportionate to that purpose.

(5) Before a power is used, consideration must be given to whether the purposecould be achieved by less intrusive means.

5 In all cases those exercising powers should do so courteously and withrespect for persons and property, and where a power authorises the use offorce, only the minimum force necessary to achieve the purposes of thepower may be used.

General

6 A copy of the Code must be carried by all those exercising the powers towhich it applies, and made available to the occupier of any premisesentered.

7 All those exercising a power to which the Code applies must carry withthem an official form of identification issued by their employer,containing—

(a) their name, photograph and job title; and(b) the address, telephone number and (if available) facsimile number

and email address of their place of work.

8 In the Code “working day” excludes Saturdays, Sundays, bank holidays andother public holidays.

9 Where a provision of the Code requires notice to be given in writing, a noticesent by email will satisfy this requirement.

Entry with consent

10 Where it is proposed to exercise the power of entry on the basis of theconsent of the owner or occupier, at least two working days’ notice, or suchlonger period as may be specified in the relevant statutory provision, shouldbe given.

11 The notice should be in writing and addressed to the owner, occupier orother person appearing to be in charge of the premises.

12 The notice should—(a) state the statutory provision under which the power is to be

exercised;

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(b) state the purpose of the proposed entry;(c) state the date and time when it is proposed that the power should be

exercised;(d) give the names of all those who are proposing to enter the premises;

and(e) provide details of who should be contacted if the person to whom the

notice is addressed objects to the exercise of the power, or to itsexercise at the proposed time.

Entry without consent

13 Where it is proposed to exercise a power of entry without consent, andwithout a warrant, at least two working days’ notice, or such longer periodas may be specified in the relevant statutory provision, should be given,unless to do so would defeat the purpose of the entry.

14 The notice should be in writing and addressed to the owner, occupier orother person appearing to be in charge of the premises.

15 The notice should contain the same information as set out in paragraph 12above.

Entry under warrant

16 Where it is proposed to exercise a power of entry under warrant, theprocedures set out in the legislation providing the power must be followed.

Time of entry

17 Entry to land or premises must always take place at a reasonable time.

18 For premises used as a dwelling a “reasonable” time means between 8amand 6pm on any working day, or a time agreed in advance with the occupier.

19 For other land or premises a “reasonable” time means between 8am and 6pmon any working day, or any time at which the land or premises are open forbusiness, or a time agreed in advance with the occupier.

20 Land or premises are to be regarded as open for business at any time whenthey are open to receive visitors, customers or other members of the public.

Procedures on entry

21 These procedures apply to entry with or without consent, or under warrant.

22 On arrival at the premises, the person in charge of the exercise of the powershould attempt to make contact with the occupier of the premises, or theperson appearing to be in charge of them.

23 If this is impossible (for example, because the premises are unoccupied), orwould frustrate the purposes of an entry without consent or under warrant,the procedures set out in paragraphs 25 and 26 below must be followed.

24 The person in charge of the exercise of the power must show to the occupier,if present, or any person appearing to be in charge of the premises, the formof identification required by paragraph 7 above, and he must explain instraightforward language—

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(a) the statutory authority under which the power of entry is beingexercised;

(b) the purpose of the entry;(c) the number of people who will be entering the premises, and their

roles;(d) the likely duration of the entry; and(e) the consequences of obstructing the entry (where there is power to

enter without consent).

25 Where the procedures set out in paragraph 24 above are not followed priorto the entry, they must be followed as soon as possible thereafter.

26 If the premises are unoccupied, or no person is present, a written noticegiving the information as set out in paragraph 24 above and specifying theoutcome of the entry must be left in a prominent place on the premises.

Conduct of inspection, search, etc.

27 The extent of any inspection, search, etc. must be strictly limited to thepurposes for which entry is authorised.

28 When only one person is present on the premises at the time when a poweris to be exercised, a friend, neighbour or other person should be allowed towitness the exercise of the power, unless the person in charge of the entryhas reasonable grounds to believe that this would seriously disrupt thepurposes of the entry, or would lead to an unreasonable delay in its exercise.

29 As soon as the purpose, or purposes, for which the entry is authorised havebeen achieved, all those taking part in the entry must leave the premises.

30 If any property is damaged in the course of the exercise of a power of entry,the authority authorising the entry will be responsible for its repair, or thepayment of compensation to the owner of the property.

31 Premises must be left as secure as they were found.

Register of exercise of powers

32 Any authority which has responsibility for the exercise of a power of entryto which the Code applies, shall keep a record of all uses of the power.

33 The record shall include—(a) the statutory provision under which the power was exercised;(b) the date and time of the exercise of the power;(c) the address of the premises or land entered;(d) the name of the person in charge of the exercise of the power; and(e) the outcome of the exercise of the power (for example, whether it led

to any further action).

34 Any authority which has responsibility for the exercise of powers of entry towhich the Code applies shall publish annually statistics detailing—

(a) the number of occasions on which an entry power has been used; and (b) the number of uses of the power which led to further action being

taken.

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HL Bill 71 (xxxxxx) 54/3

Powers of Entry etc. Bill [HL]

© Parliamentary copyright House of Lords 2008Applications for reproduction should be made in writing to the Copyright Unit,

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PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDSLONDON — THE STATIONERY OFFICE LIMITED

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A

B I L L[AS AMENDED IN COMMITTEE]

To regulate powers of entry and powers in relation to documents; and forconnected purposes.

Lord Selsdon

Ordered to be Printed, 26th June 2008